IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA REGULAR FIRST APPEAL NO.1282 OF 2018 CONNECTED WITH REGULAR FIRST APPEAL NO.1383 OF 2018 IN REGULAR FIRST APPEAL NO.1282 OF 2018 BETWEEN:
SMT. SUJATHA MANJUNATH, WIFE OF MANJUNATH, AGED ABOUT 53 YEARS, RESIDING AT NO.40, “MANYATA”, 8TH MAIN, KENCHENAHALLI, R.R.NAGAR, NEAR IDEAL HOMES, BENGALURU – 560 098.
(BY SRI T.N.RAGHUPATHY, ADVOCATE) ... APPELLANT AND:
1. SRI M.NEELAKANTA NAIDU, SON OF LATE GANGAMMA NAIDU, AGED ABOUT 76 YEARS, RESIDENT OF NO.381, 4TH “D” MAIN ROAD, II STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM POST, BENGALURU – 56.
2. SRI K.R.MANJUNATH, SON OF LATE R.N.RAMA RAO, RESIDING AT NO.235/21, 9TH CROSS, 1ST “N” BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
... RESPONDENTS (BY SRI SHANMUKHAPPA M., ADVOCATE FOR CAVEAT RESPONDENT NO.1 NOTICE TO RESPONDENT NO.2 IS TREATED NOT NECESSARY VIDE ORDER DATED 26.07.2018) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 26.6.2018 PASSED IN O.S.NO.7218 OF 2009 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DECRRING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION ETC.
IN REGULAR FIRST APPEAL NO.1383 OF 2018 BETWEEN:
1. HARISH T.U SON OF LATE UGRAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.781, 10TH D CROSS, 5TH MAIN ROAD, NAGAPURA, WEST OF CHORD ROAD, BENGALURU – 560 086.
2. SHASHIKALA HARISH WIFE OF HARISH T.U, AGED ABOUT 47 YEARS, RESIDING ATT NO.781, 10TH D CROSS, 5TH MAIN ROAD, NAGAPURA, WEST OF CHORD ROAD, BENGALURU – 560 086.
(BY SRI S.V.PRAKASH, ADVOCATE) AND:
... APPELLANTS 1. M. NEELAKANTA NAIDU, SON OF LATE GANGAMMA NAIDU AGED ABOUT 77 YEARS, RESIDENT OF NO.381, 4TH ‘D’ MAIN ROAD, II STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM POST, BENGALURU – 560 086.
2. K.R.MANJUNATH SON OF LATE R.N.RAMA RAO AGED ABOUT 60 YEARS, RESIDING AT NO.235/21, 9TH CROSS, 1ST ‘N’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
3. SUJATHA MANJUNATH WIFE OF K.R.MANJUNATH, AGED ABOUT 54 YEARS, RESIDING AT NO.235/21, 9TH CROSS, 1ST ‘N’ BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
... RESPONDENTS (BY SRI SHANMUKHAPPA, ADVOCATE FOR RESPONDENT NO.1) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED: 26.6.2018 PASSED IN O.S.NO.7218 OF 2009 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.
THESE REGULAR FIRST APPEALS COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A report has been received from the Bengaluru Mediation Center. They have also enclosed the Memorandum of Settlement filed under Section 89 of Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
2. The parties were present before the Bengaluru Mediation Center. They have signed the Memorandum of Settlement. They have agreed to the various terms and conditions. Hence, learned counsels submit that the settlement may be accepted and the appeals may be disposed off.
3. On considering the report and the submissions, since the interest of the parties is involved and the settlement arrived at between the parties is lawful, the same requires to be accepted.
4. A General Power of Attorney is filed in the Court today to the extent to prosecute Regular First Appeal No.1282 of 2018. Hence, it is pleaded that the Court fee shall be released in his favour.
5. There is no objection from the other side.
6. Hence, 75% of the Court fee shall be released in favour of Sri Harish T. U., appellant No.1 in Regular First Appeal No.1383 of 2018 and refund of Court fee in respect to Regular First Appeal No.1282 of 2018 in his favour.
7. Both the appeals are disposed off in terms of the settlement and the suits are accordingly disposed off in terms of the settlement.
Pending I.As’. in both appeals are dismissed as having become infructuous.
Sd/- JUDGE Sd/- JUDGE nvj